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Ace Cd Inc. - Granitex Construction - Harbour Constructors - 2009-06-15 (3)
Council/Agency Meeting Held: /S Deferred/Continued to: '-AApgoved ❑ Condit' nally ppr ved ❑ Denied Cit k' Signa re Council Meeting Date: 6/15/2009 Department ID Number: PW 09-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU CIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR R PREPARED BY: TRAVIS K. HOPKINS, DIRECTOR OF U LICqVORKS SUBJECT: Reject all Bids for Transit Center on Pacific Coast Highway Project, CC- 1267 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On May 19, 2009, bids were opened for the Pacific Coast Highway Transit Center Project, CC-1267. Staff recommends all bids be rejected due to the bids received being substantially in excess of estimated cost. Funding Source: Funds in the amount of $250,000 are budgeted for construction in Account Number 87390005.82700. Funding is a combination of an OCTA grant and AQMD funds. Recommended Action: Motion to: 1. Reject all bids. 2. Authorize staff to re -advertise after a detailed review and redesign of project within budget. Alternative Action(s): Do not reject all bids at this time and direct staff on how to proceed. 4-7 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: PW 09-27 Analysis: The City obtained a grant to partially fund upgrades to the existing transit facilities at the Pacific Coast Highway (PCH) Transit Center located on PCH between 1st Street and Huntington Street. The project is intended to encourage transit ridership by providing additional rider amenities and protection, and improve the experience at the PCH Transit Center. The project includes the installation of eight benches, eight protective structures, trash receptacles, and planters. The total adopted construction budget for the project is $330,748 funded by a grant from OCTA and funds from AQMD Rule 2766 Subvention Fund. The proposed improvements are located on the sidewalk along the existing 550-foot bus turnout area on the coastal side of PCH between 1st Street and Huntington Street. Three benches and three structures would be installed within the existing 15 foot sidewalk area. Five benches and five structures would be installed over the landscape areas of the turnout east of the fence line along the sidewalk areas. The sidewalk along PCH adjacent to the improvements is outside the Caltrans right-of-way and owned by the City. In June 2006, the Public Works Department received a legal opinion from the City Attorney that determined the project is not subject to Huntington Beach Charter Section 612 - Measure C. The project design was completed in April 2009 and advertising for construction bids began in May 2009. Bids were opened publicly on May 19, 2009 and are listed in ascending order. Bidding Contractor 1. Granitex Construction 2. Harbour Constructors Bid Amount $951,677.00 $1,341,025.00 The post -bid analysis identified that the cost of the materials and fabrication of the protective structure components contributed to the significantly high bids. Other bid items also were substantially higher than expected. Staff is currently reviewing the design with the.City's consultant and bidders to determine alternate materials to reduce the cost of the project. Public Works Commission Action: The Public Works Commission reviewed and approved the project unanimously on January 21, 2009. Strategic Plan Goal: (C-1) Improve transportation through a variety of means including improving traffic flow, synchronizing traffic signals, traffic calming, and alternative transportation methods such as bike and walking paths. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301. -2- 6/1 /2009 11:36 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: PW 09-27 Attachment(s): -3- 6/1/2009 11:36 AM ATTACHMENT W5 CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRANSPORTATION PROJECT LOCATION MAP Transit Center on Pacific Coast Highway RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: REJECT ALL BIDS FOR CC-1267 - TRANSIT CENTER ON PACIFIC COAST HIGHWAY COUNCIL MEETING DATE: June 15, 2009 .RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable WEXPIANATION �FOIR MISSING: ATTACHMENTS REVIEWED RETURNED FOR AkDED Administrative Staff ( ) Deputy City Administrator (Initial) ( ) City Administrator (initial) ( ) ( I) City Clerk ( ) RCA Author: Darren Sam City of Huntington Beach CC-1267 Transit Center on Pacific Coast Highway Bid Opening: May 19, 2009 @ 2:OOpm Engineer's Estimate: $250,000 All Purpose Manufacturing, Inc. C.S. Legacy Construction, Inc. Collins Builders, Inc. . Fluoresco Lighting & Signs Harbour Constructors Let's Build It, Inc. ISouthern California Rooms 2 RrlWIT Ff 00 tZ NJ 61 AVH 60OZ NOTICE INVITING SEALED BIDS for CC-1267 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on May 19, 2009, at which time bids will be opened publicly and read aloud in the Council Chambers for the 'Transit Center on Pacific Coast Highway - CC-1267 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting April 30, 2009 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $40.00, sales tax included, if picked up or $50.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 2nd day of September 2008, by RESOLUTION 2008-54. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1267 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: April26, 2008 Project/C.C. No.: C.C. No. 1267 Regarding: Transit Center on Pacific Coast H40way ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies 'Pa es - Descri `tion 1 1 1 Notice Inviting Sealed Bids for CC-1267 Transit Center on Pacific Coast Highway) 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2008-54 (adopted on September 2, 2008), the City Council authorized the advertisement of the above Transit Center on Pacific Coast Highway Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 4/30/09, 5/7/09 & 5/14/09. The bid opening is scheduled for 5/19/09. Please contact me at 374-1619 with any questions you may have. c: file By Darren Sam, Senior Traffic Engineer G:\CONSTRUCTION CONTRACTS (CCS)\CC1267 PCH TRANSIT CENTER\BID INFO\NISB TRANSMITAL TO CLERK-CC-1267.DOC Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): May 7, 14, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 14, 2009 at Costa Mesa, California Signature NOTICE INVITING T SEALED BIDS • for. -, CC-1267 . Notice is.hereby given w that sealed bids will -be.'; received by the City; 0 4 Huntington Beach it the' office of the City.Cleyk x at City Hall, 2000 Main 0.. Street, Huntington " Beach, CA 92648, until the, hour of 2:00 PM on May . 19, 2009,' ,at t' which time bids'.will be ill opened "publicly and read aloud in the Coun- cil Chambers for t" k Transit. Center on Pq7 c: cific Coast Highway, ;IJ CC-1267 in the. City7U 14 Huntington Beach. A set. of plans, specifications, and con- tract documents may be obtained', starting April 30, 2009 at City Ha-tl--, Department of, Pub ! . Works upon receipt oft t non-refundable fee `-of ! $40.00, sales tax ,'J* 1 cluded, if picked do - I $50.00 if mailed. ' ; , t Each bid shall,= t made on the Propostrl Form ,provided - in.: fft contract do'cumen , and shall be accomg i hied by a' certified4wr 1' cashier's check or, a, bhi ! bond for not Jess tlia' 14 10% of.the amount o' the' tiid,' -made payable to the. City of ; Hunting- -ton, Beach.,The;Contrac- W for shall, in the per- ! formance of the work t and improvements; con- form Jd'the Labor Code i of the State of Califor- 1 nia,and other, Laws of the State of ,Califorr applicable thereto, wrifa the exception only;? such variations to may be required un14 ' the special statutes pur -y' suant to. which proceed-' ings hereunder, are fali=i, en and: which have not. been superseded, by the ! provisions of the Labor i Code. Preference to la- bor shall be given only in the manner provided by law. i No bid shall be consid-. I ered unless it .is made t on a form furnished by I the City of Huntington Beach,, Department of Public Works, and is t made in accordance i with the provisions of 1 ithe `,proposal e requirements. Each bidder must,!be licensed as'required. law. The City Council of the City of. HuntingtomQ, t Beach, reserves the ril s -to reject any or: all bid By 'order of the 'Wty,! I Council of- the. City -of'; Huntington Beach, CaIN! Jornia the 2nd day" df' a ISeptember 2008, , yi! RESOLUTION 2008-54� t iJoan.L. Flynn ' ICity Clerk of the City of Huntington Beach j. 2000 Main, Street. (714) 536-54911„! Published Huntington! Beach Independent April 30, May 7, 14, 2009 , 045-610r Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF NOTICE INVITING SEALED BIDS PUBLICATION �1 Notice is'hereby given.n that sealed bids will be Iii STATE OF CALIFORNIA) received by. the City of Huntington Beach at the ' office `of the City. Clack at City Hall, 2000 Maln u :Street, H0ntingt& 4 SS. Beach, CA 92648, until'. COUNTY OF ORANGE ) the hour of 2:00 PM on May 19; I! t bids ds be be i_ which time will opened publicly and - read aloud in the Coun= q I am the Citizen of the United States and a , cil Chambers for Atia " Pbj;. resident of the County aforesaid; I am over Transit Center,an, eifie Coast Highway ',ei CC-1267 in ther`City.o#'- the age of eighteen years, and not a party Huntington Beach. A set of. plans, to or interested in the below entitled matter. specifications, and con documents may,.be am a principal clerk of the HUNTINGTON tract y.be obtained starting April s0, 2009 at City Hail; BEACH INDEPENDENT, a newspaper of Department . Pi,b#ic , ;Works upon recc eipt ova i. general circulation, printed and published in $40.00, sal le fee . of �' $40.00; sales tax it �,cluded, the City of Huntington Beach, County of if picked..upi t` ';$50.00ifmailed. Orange, State of California, and the Each. .bid shall, 3 imade :on the Propgs6 'i attached Notice is a true and complete copy Form ..provided in Via 1 1,contract documents" as was printed and published on the and shall be accomd i rnied by' a certified-,j i following date(s): tcashier's check or a,.hEd ! bond for not.less;tttavi 110% of the amountf Ithe .bid, made payable to, the. City- of Hunting- i ton, Beach., The: Coritrac- tor shall, ,in the., per- 'formance of the work and improvements, con- form to the Labor Code I of the State of Califor- i nia and other. `Laws of '; Ma 7 14 2009 y the State of, Califon' i applicable thereto:-' the. exception :only, i such 'variations, "ttM I may be required:,u�r i the special statutes pur-.'1 �suant to which proceee -" 'ings hereunder are•tak7i 'en and which have' not i, ,been superseded by the i provisions of the Labor Code. Preference to la- j declare, under penalty of perjury, that the I bor shall be given only I' ti aw, manner provided I foregoing IS true and correct. lthe No bid shall be consid- 9 ered'unless :it is made i on a.form furnished by i jthe City of Huntington 'Beach,' Department of'I Executed on May 14, 2009 ;Public Works, and is y made in accordance q at Costa Mesa, California with the provision's;,of r the p r o p o s.@ I requirements. yr Each bidder mustvtbe .j -licensed as':requiredOby i. law. ,," . ,: ' The City'Council of the I �i City of Huntingtoo Beach reserves the rigtai :toBylorderyofrdr theb�C+i y,4 Signatu Council of the City; Ow i Huntington Beach, Cali:,: ". fornia the 2nd day" df' September 2008, byJ RESOLUTION 2008-541 ° 1 i JoanL. Flynn I City Clerk of the. City of Huntington Beach:. .I ' ; 2000 Main Street ^ I (714) 536-5431 j3J t Published Huntington Beach Independent April 30, May7, 14, 2009 045-610� City of Huntington Beach CC-1267 Transit Center on Pacific Coast Highway Bid Opening: May 19, 2009 @ 2:OOpm Engineer's Estimate: $250,000 — " All Purpose Manufacturing, Inc. r IS AN 63 lvvz ash 9 ._ I� _ O W- a'a C.S. Legacy Construction, Inc. Collins Builders, Inc. Fluoresco Lighting & Signs Harbour Constructors€ Let's Build It, Inc. Southern California Rooms p �y TEXT 5 Q (r, 4 � City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 17, 2009 Harbour Constructors 12881 Knott Ave., Ste. 112 Garden Grove, CA 92841 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. The city council rejected all bids for this project. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citiy.WO600p,I I:k/retWg r6�cNew Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from I't Street to Huntington Street C.C. No. 1267 in the - - CITY- OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is i accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find /'30 in the amount of $ to 7'� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE 1 1 LS Mobilization @ N \ 0 �f � fov)t %'"PI)Dollars $ 0)4 06 ^to Cents 2 1 LS Clearing & Grubbing Dollars $ 3q,000 $ 3�1 voo /ya Cents 3 625 SF PCC Pavement (incl reinforcement) @ j v�c�TY Dollars $ /VO Cents 4 8 EA Bus Shelter _ qq ScV�r� Dollars $ /17c�m n/v Cents 5 65 CY Structural Concrete (incl reinforcement) @©ivE f�oasa.-o/V•���/�oz-�ODollars $ !oloo $ /23- Cents 6 8 EA Self -Irrigating System ��zcc Xla lzvZcr� Dollars $ 3 o�- $ Z 4-00 Cents 7 9 EA Planter (,&, cN NniZGd Dollars $ Cents 8 9 EA Trash Container @�nriccN ��.Jo rrr� Dollars _ $ /loor' $ ix/o Cents 9 27 EA Landscaping - Shrubs (5 Gallon) @ FTY Dollars $ $ // S� Cents C-1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 10 8 EA Bus Bench @�xiccni %�JNo/zc) Dollars /� la Cents 11 1 EA Relocate Existing Palm Tree $ Ole, $ Ste_ Dollars /►io Cents 12 1 LS Electrical Shelter Lighting $ZS, $7Z.©� UCV �YEioo�ss�.�� Dollars /V% Cents 13 1 LS Re -Establish Existing Irrigation System $ @vSAwy Dollars 'A% Cents 14 165 CY Unclassified Excavation $2-0 8 7 {ollars Cents 15 128 LF Install Guardrail $45-0 $ @p/iv�2f/�FrY Dollars �- Cents 16 1 LS Traffic Control $ $ 3_ Dollars Cents Per LS Sub Total Bid Amount, Bid in figures: $ Sub Total Bid Amount, Bid in Words P,>N� 1"-t 1 (W'j 1_106 14` '-' D R C D f-201(711--1oN V*vSA*N li %L-te'NT)-bD LCR-aS C-2 MST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor. State License Class 'of Work Number, /(oy LAG 4�G iiLic. 12 7 v�zv�n ,Q..s2��zs,oG CA g0633 S G— By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 State of California 9s. County of Orange GREG BUCHANAN -_-- being first duly sworn, deposes and says that he or she is PRESIDENT Of,.,HARBOt7R CONSTRITC_TMS-,�_ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly; submitted his or her bid price or any breAdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. HARBOUR CONSTRUCTORS, CO. Lazne of b d Signa of Bidder 12881 KNOTT AVENUE, SUITE 112 GARDEN GROVE, CA,, 92841 Address of Bidder Subscribed and sworn to before me this 1 O _ day of l`Lk-A` , 20c 19 NOTARY PUBLIC SEE ATTACHED ACKNOWLEGEMENT NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OGE On 5-18-09 before me, BARBARA J. BLrNDt�R Nti�reuv pTJBf,IC , Date Here Insert Name and %_. of the Officer personally appeared GREG BUCHMAN Name(s) of Signer(s) BARBARA J. BENDER Commission # 1801899 "m Notary Public - California Z Orange County M Comm. Expires Jul 13, 2012 BENDER P��-�BmAiRBARAJ, Comission # 1801399 Notary Public - California Z 2` a Orange County My Comm. Expires Jul 13, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(o) whose name(a) is/aml subscribed to the within instrument and acknowledged to me that heMagWaq executed the same in hi ' authorized capacity(i;*, and that by hisftaffmir signature(6) on the instrument the person(49), or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd offici se Signature Sig tune OLNOWTPTIM OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: NONCOLLUSION AFFIDAVIT Document Date: 5-18-09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: GREG BUCHANAN ❑ Individual CXCorporate Officer—Title(s): pR,ESIDENT ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact . • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representingg: HARBOUR CONSTRUCi�R_9_,rU. Number of Pages: ONE (1) NONE Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FRIGHT±THE MBPR_INM OF SIGNER of thumb here ®2007National Notary Association -9350DeSoto Ave.,P.O.Box 2402-Chatsworth, CA91313-2402-www.NationalNotaryorg lterrr#59o7 Reorder: Call Toll -Free 1-eW-876.6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRANSIT CENTER ON PACIFIC COAST HIGHWAY, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: /9 /-`%y a 9 J�/�%ZaOdIZ C�l//✓ST%?vcio.-=5 �c� Contractor By Title C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ONO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date:1R7' o .H�4121,3�yiZ Contractor By -- Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U..SA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Izool Business Address City, State Zip )714 eg5 Z-7 Telephone Number qo7 z6 9 State Contractor's License No. and Class 3o ti�o.i v 7 Original Date Issued 3o Nam o C- Expiration Date The work site was inspected by6a.F& 13� Nam- of our office on I C3 Y , 20 C?` The following are persons, firms, and corporations having a principal interest in this proposal: C� 1�.0 � �U CH Ar✓L\� L\13 A^� C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PtIZ1300 �0 5 2.�c i o,2S Co CompanyMe Signature of adder y Printed or Typed Signature Subscribed and sworn to before me this 19 day of 2009. NOTARY PUBLIC -0 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1al�Z� �•�,=-,r,2,,.„`) i3%� �JSo Co�S i2.�cTa��Zs, �,.1�- K/N��.� �,.ti4s 7'� 1. <f i r y o J= '4 ,.)A,-►1 %E- — Name and Address of Public Agency 3. Name and Telephone No. of Project Manager: 4 '�k NtF10t3_Z,2re12 � 1 4-76 5 s�oo x S7o4 fft 4- ,51 6 4 o Contract Amount Type of Work Name and Address of Public Agency Z aCJ 5 Date Completed Name and Telephone No. of Project Manager: A low - ro SB 82-6 -7 (19 S-3 9.91 'art 13f k I?�i^,aI-e-w,,--.u- Contract Amount C 1-ty C�f= ►.1�� >�r 5 Name and Address of Public Agency Type of Work 2, oti 7 Date Name and Telephone No. of Project Manager: DA---- 7l-,!-,, -3 x 3 3 4- - S -74-0 1( AS 1 05 3" 1,¢✓�� /2�..y oo'ks 2 c0 a, 5 -- Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q QE 5-18-09 BARBARA J B1rND1rR �t�TARY PUB' IC On before me, Date Here Insert Name and Uitle of the oer personally appeared GREG BUCHANAN Name(s) of Signers) BARBARA J. BENDER Commission # 1801899 x ;:m Notary Public - California Z' Orange County My Comm. Expires Jul 13, 2012 BARBARA J. BENDER Commission # 1801399 a Notary Public - California a Orange County My Comm. Expires Jul 13, 2012 Piave Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(m) whose name(s) ista m subscribed to the within instrument and acknowledged to me that he executed the same in hi - authorized capacity(k*, and that by hi signature(e) on the instrument the person(o), or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc . WITNESS nd an id se I Signature Signature otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BIDDER'S INFORMATION Document Date: 5-18-09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: GREG BUCHANAN ❑ Individual CXCorporate Officer — Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General _ M. ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARBOUR CONSTRU iG ORS,CO Number of Pages: TWO ( 2 ) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ' mow.. _ c 02007NationalNotaryAssociation-9350DoSobAve.,P.O.Box2402-Chatsworth, CA 91313.2402•www.Nationathloteryorg kem#5907 Reorder: Call Top-Free14M"76-6827 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: / c1 a'�14 y o 1 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 U 114ZrZIlTL v ►� Az• l For Transit Center on Pacific Coast Highway — CC 1267 May 7, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) Void Plan Sheet 16 of 16 and replace with the new Plan Sheet 16 of 16 dated May 7, 2009. 2) Section 7-10 Public Convenience and Safety is hereby amended as follows: Add the following: Construction activities shall allow for safe and efficient transit operations at the transit center located between 1" Street and Huntington Street on Pacific Coast Highway (PCH). The contractor shall contact the Orange County Transit Authority (OCTA) a minimum of three (3) weeks in advance of the first day of construction to coordinate construction scheduling with transit stop scheduling at the transit center. The contractor shall provide and maintain pedestrian access to the PCH transit center stops at all times. This is to acknowledge receipt and review of Addendum Number One, a ay 7 2009. Company Name By lel-, /�/,4 �/ © 9 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Darren Sam at (714) 536-5431. I cSume , Zonds cS.nce 1964 International Fidelity I N S U R A N C E C O M P A N Y One Newark Center Newark, New Jersey 07102 (973) 624-7200 BOND NO. 048 90 87 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, HARBOUR CONSTRUCTORS, CO. as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto CITY OF HUNTINGTON BEACH in the penal sum of TEN PERCENT OF TOTAL BID PRICE IN DOLLARS ($ 10% of Bid ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 18th day of MAY 20 09 The condition of the above obligation is such that whereas the Principal has submitted to CITY OF HUNTINGTON BEACH a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC NO. 1267 NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: ATTEST: ATTEST: Bid Bond Date MAY 19, 2009 HARBO C CTORS, CO. BY: Principal 1NTERNATIO D By: OWEN M. BROWN Attorney -In -Fact �c. ?. •... ,,. 117, { �. State of California County of ORANGE On 5-18-09 before me, BARBARA J. BENDER, NOTARY PUBLIC , Here Insert Name and We of the Officer personally appeared OWEN M. BROWN Name(s) of signer($) BARBARA J. BENDER Commission # 1801899 '< a llotary Public - California Z Orange County My Comm. Expires Jul 13, 2012 BARBARA J. BENDER Commission # 1801899 -� Notary Public - California Z Orange County My Comm. Expires Jul 13, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(®) whose name(g) isha subscribed to the within instrument and acknowledged to me that he/sWailiny executed the same in hisimalM authorized capacity(), and that by histbawNIM signature(e) on the instrument the person(o), or the entity upon behalf of which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C Iifornia that the foregoing paragraph is true and come WITNESS Signature Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID_ BOND Document Date: 5-18-09 Number of Pages: ONE (1) Signer(s) Other Than Named Above: HARBOUR CONSTRUCTORS CO. Capacity(ies) Claimed by Signer(s) Signer's Name: OWEN M. BROWN Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ._ ❑ Partner — ❑ Limited ❑ General 4XAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TNTERbIaToNAI. FIDELITY) INSURANCE COMPANY IRGHTTNU[1Bf?RI - OF SIGNERop t u ere _ ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De -Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NadonWNotw.org Item #5907 Reorder: CaDToll-Free 1-800-e76.6Q27 Tel (973) 624-7200 POWER OF ATTORNEY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint OWEN M. BROWN, BARBARA J. BENDER Anaheim, CA. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety: any and all bonds and undertakings, contracts of indemnity and other writings obligatory, m the nature thereof, which are or may be allowed, required or rmttted by law, stature, rule, reggu�lation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this l6th day of October 2007, before me came the individual who executed the preceding —instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. / 1ARQ& IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. NOTARY O PUBLIC JEaS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 18 th day of riAY' 2009 Assistant Secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK June 17, 2009 Granitex Construction Co., Inc. 185 Paularino Ave., Ste. D Costa Mesa, CA 92626 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. The city council rejected all bids for this project. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Ci4.yf64Wp/J#Vdq/retWr b) r(%cNew Zealand ( Telephone: 714-536-5227 ) I SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from 1st Street to Huntington Street C.C. No. 1267 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find -Sib bcA in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE I 1 LS Mo ilization °'IN1¢t'f Dollars la%cM u>v�• $ $ 57,0mm Cents 2 1 LS Clearing & Grubbing @6WE7MDySA4D Mime kmom Tat"ollars $ t ��® $ 1 ,9ZO 7— t° KID Cents 3 625 SF PCC Pavement (incl reinforcement) @ Fiorry �V� Dollars $ 55.OD $ 3�(, 37 Cents 4 8 EA Bus Shelter ke(,I-try clor 7710l,Ir*0 Dollars $Zd,0OD $770_ CO zel?CD Cents 5 65 CY Structural Concrete (incl reinforcement) @ SEVEd4 t4wiog tI Dollars $ '700•DD $45, o Cents 6 8 EA Self -Irrigating System @ r4E 11VADM F'tr-TY Dollars $ 5- CZ $4,4 CO. 00 Cents 7 9 EA Planter @ mE Avg ao,%YE,+ry S.A- Dollars $ 974•OD $ ? 72q •OD Z0'0 Cents 8 9 EA Trash Container @ NIME SIX Dollars $q7&,.0D $ UD8•o� Z:E-9-(7 Cents 9 27 EA Landscaping - Shrubs (5 Gallon) @ 5-&V6'V>i Fr v E' Dollars $ '75. DD $ 2, 0CO _2jEV_D Cents C-t ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN UNIT EXTENDED NO. QUANTITY IN WORDS PRICE AMOUNT 10 8 EA Bus Bench $ ?SS. 00 $t.1?q6.0a @EIrwfT F V1d6'90F vrY F1(f_ Dollars -,7g Z-0 Cents 11 1 EA Relocate Existing Palm Tree $Z2OD->� $2,)00•:3D @ TW D TANSAK0 14 rrfE 90AR-E0 Dollars Z_E c _. p Cents 12 1 LS Elej�gical Shelter Lighting @ W147Y 7WDVSA110 Dollars /de 7_IX0 Cents 13 1 LS Re -Establish Existing Irrigation System $1,5✓-t $ Ji soaCD @ baler TI4WS4110 Filer A&YOR09 Dollars Zk)e6 Cents 14 165 CY Unclassified Excavation $ V.&V $ 29 P •O- @�XE; t4%lrfoMo e mly 6w6Dollars 7-6-1)40 Cents 15 128 LF Install Guardrail $1'70-oo $21,760.00 NVeNew &rwewrt Dollars ZED Cents 16 1 LS Traffic Control $ glow-00 $Flow- @ EJ6,47' %71619,4 f Dollars 2-C--del-0 Cents Per LS Sub Total Bid Amount, Bid in figures: $ Sub Total Bid Amount, Bid in Words: 6119Y 174WSMO SIX, HUAAPA A. f C-2 sver'�tY fEvHj ,DWAAS LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange J4 n C7+ k 1 S , being first duly sworn, deposes and says that he or she is 'PtP'� -i d -f- of Gr4lh l4e\, C ns f 1c..1v►t - the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the, bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. G2ArA ME)( Ctirc sre-g (J70A C®,111C. AT.........-rn:,JA-- W5 Pnn*41AD A(e Sab Gsr-A HESA,C4 Address of Bidder CP1.6 Subscribed and sworn to before me this day of , 20 4- NOTARY PUBLIC C-4 BONNIE ROGERS COMM ... 1737664 n NOTARY PUBLIC-CALIFORNIA --I (� ORANGE COUNTY W My Term Exp. April 8, 2011 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRANSIT CENTER ON PACIFIC COAST HIGHWAY, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 5-' 11 • 2 Ofl 0) C-5 iys tvcm&g G0, Inc Contractor JA A e-r � dVkf.S By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: • l 1 - ZC ! C-7 Contractor By PtE,5 loc� T- Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 9.0-AaJ t 1tX a,4 sTAtl(ti-ba 6) .. 1 41 C. Bidder Name 195- &MX1140 AVS. Business Address l P_rrA MESA C 4 `� Z 6 2-1, City, State Zip (719 ) L(zY b 2-2_ Telephone Number State Contractor's License No. and Class V 1 151 199r Original Date Issued sIs1(7-0og Expiration Date The work site was inspected by Jksorl tit&) 5 of our office on 5'• 1 , 200R The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Co►(ST' kur✓t Dad C4. 1 ac. Company Name (4'vJi_ -t L�J_ Sign at re of idder rrXET �.s Printed or Typed Signature Subscribed and sworn to before me this 1 day of MA Y , 2009 . t••..�.. BONa*,i4E ROGERS COMM.,.1737664 U V °`�a NOTARY PUBLIC-CALIFORNIA (�] :;?RANOF COUNTY NOTARY PUBLIC "Q_i �� � a4y ",,Vrrn Exp. April 8, 2011 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. LoS /4AGiEL✓5 Uad % P i E b SclAoc Name and Address of Public Agency 2. 3. 1415 Li L&") PI 19LV D. A os-1&ELs,c4 9W17 Name and Telephone No. of Project Manager: �p� 3t ` S9y•L') 7M 1. gam, Coo '511A TURI-11, CzACKETE FAA '� 2M2 Contract Amount Type of Work Date Completed Name drid Address of Public Agency S W . 3,vd s+. -1-S r F'( WEsT- w /.I Name and Telephone No. of Project Manager: (V'A1 (-- SCVe ( 3 ( 0 - 3 °9S• 0_7 gyp S1 b, '5�3•vb S u Ad 1"Imrrde Jaivxj� 2_Xq Contract Amount Name Ad Address of Public Agency Type of Work Date E. Dleted Name and Telephone No. of Project Manager: 3akn H tj (.,'m 7 1 • a✓��' 3 d r A / ,, 1_(2D�'1, q'iS_ Contract Amount Type of Work C-10 Date Completed (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: C:2 R A I � ChIASTAYC 17bd (z, if Contact Person: JASDA 4y4,aQCd Contact Phone: —7 ' 4 . Ll 2-1-(• f) b 2. Z + . ZU3 Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 U BID BOND Bond No. SI-663 KNOW ALL MEN BY THESE PRESENTS, that Granitex Construction Co., Inc., as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto the City of Huntington Beach, as obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Transit Center on Pacific Coast Highway from 1st Street to Huntington Street in the City of Huntington Beach — C.C. No. 1267 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 15th day of May, 2009 Granitex Construction Co.. Inc. (Principal) BY: TITLE: BY: Daniel Huckabay, Attor -in-Fact California_Bid_Bond_Uncapped Rev 1.1.06 STATE OF CALIFORNIA County of Orange } On 5/ 15/09 before me, Arturo Ayala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Huckabay Name(s) of Signer(s) ARTURO AYALA COMM. #1636549:_ iq NOTARY PUBLIC-CALIFORNIAU 1k ORANGE COUNTY µ MY CONIK EXP. JAN. 10, 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand ffic' al. Signature Place Notary Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 5/15/09 Number of Pages:Offe Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Borid No. SI-663 POA #: 510023 reTec I su an ce Company n LIMITED, PONVER € F ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the: State of Texas, and having its principal office in Houston, Harris County; 'texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were, signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 and is made under and.by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be if Resolved, that the President, any Vice -President; any .Assistant Vice -President; any :Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to: appoint any one or more suitable persons as.Attorney(s)-in-Fact to r.-present and act for and on behalf of the Company subject to the foliow in prav- inns; Arforney-in-Fact may be given full power and authority for and. in the. name of and. of behalf of the Company, to execute, acknowledge and deliver, any and all bonds,. recognizances; contracts, agreements or Indemnity=and other conditional or obligatory undertakings and any and all notices and documents canceling or lterminating the Company's liability thereunder, ;and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as ifsigned.`by.the President and sealed and effected.by the Corporate Secretary. Be:it ResoNed, that the signature of any atithorized ghgmr and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsiriule'sigmture or =acsimile seal shall be valid and binding upon the Company with respect; to any bond or undertaking to which it is attached. (Adopted of a meeting heir! on: 20" of April, 1999.) frf Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D.2008, SUR TEC INS CE COINIPANY By: a B.J. K! resident State of Texas ss:;; ` County of Harris On this 28h day of October, 2008 before me -personally came B.J. King; to me known,'who, being,by me duly sworn, did depose and say,. that he resides in Houston, Texas,, that he is. President of S,URETEC INSURANCE COMPANY; the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. 9MichOeWllePDenrry NY State otTOM ii?+CpbeisiAAMV V.XI2 Michelle Denny, Notary P hlb `c fvfy commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEe INSURANCE COMPANY. do hereby certify that the above and foregoing =r a true and correct copy of a Power of Attorney, executed by said Company; which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effiect. Given under .my hand and the seal of said Company at E-louston, Teats this 15 th day of May 2.0 09 , A.D. K Brent eaty, Assis ant cecretary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.' For varif cation of the authority of this power you may call (i 13) 812-0800 any business day between 8:00 am and 5:00 i;° t SST.